Judge won't stop fence around NBA All-Star Game

A circuit court judge in Orlando said Tuesday she will not stop a security fence from going up between the 2012NBA All-Star Gameand businesses across the street.

A group of merchants had asked Judge Alice Blackwell for an emergency injunction to block the 8-foot fence from going up Thursday night through Sunday. But after hearing testimony, Blackwell ruled the potential economic harm to the businesses wasn't reason enough to alter the security plan for the high-profile event.

"The construction of a security fence is necessary to ensure public safety, including crowd control," Blackwell wrote in her three-page ruling. "Plaintiffs fail to show that the threatened injury to them outweighs any possible harm to the defendant and the public."

The fence won't block the wide sidewalk in front of the merchants, but Alonzo Adams, owner of clothing store All Tied Up, testified that business will suffer if those attending three days of events at the arena, including theAll-Star Game, aren't able to easily access their storefronts. The fence would create a corridor that would discourage customers from visiting, he said.

"It seems to lock us out from activities that are being presented," Adams said. "Being locked out gives people a negative connotation."

But City Attorney Mayanne Downs argued, and the judge agreed, that the court had no jurisdiction to stop the fence because the businesses had failed to file any underlying complaint.

"We consider this to be a frivolous, non-meritorious shakedown … an attempt to gets us to pay them money," Downs said.

Orlando Magic president Alex Martins testified the fence is part of a security plan developed by the NBA, FBI and U.S. Department of Homeland Security. Martins even hinted at the possibility that President Obama could attend, saying heavy security is needed — in part — to protect "heads of state" who will be there.

"The safety of those who will attend, including heads of state from other countries — and this country, by the way — is critical," Martins said. "We are aware of some heads of state who plan to attend."

Obama is a basketball fan, but the White House has not released any schedule that indicates Obama will be in Orlando for the game. City officials told the Orlando Sentinel that at least one foreign leader will attend, and local, state and federal law enforcement authorities have to plan as if others will be here, too.

One of the merchants' lawyers, Sekou Gary, said it's simply a matter of fairness.

"It's not trying to shake anybody down, it's wanting to be treated fairly," Gary said after the hearing. "We're not trying to stop the NBA All-Star Game. The NBA All-Star Game would not be a failure without a fence around it."

Gary said his clients hadn't decided whether they would sue the city or the NBA for damages.